PURNIMA TANGRI Vs. ARJUN TANGRI

JUDGEMENT

(1.) PRAYER in the present application is for transfer of petition, titled as Arjun Tangri vs Purnima Tangri, filed under Section 9 of the Hindu Marriage Act, 1955 (for short 'the Act') for restitution of conjugal rights by the respondenthusband from the Court of Additional Civil Judge (Senior Division), Jalandhar to the Court of competent jurisdiction at Ambala. Service of respondent is complete. However, at the time of hearing, no one had appeared for him.

(2.) LEARNED counsel for the applicant submitted that marriage of the applicant was solemnised with the respondent according to Hindu rites on 1.10.2006 at Jalandhar. Soon after the marriage, the respondent and his family members started maltreating the applicant for not bringing sufficient dowry. On 25.6.2007, the respondent and his other family members, who were earlier also compelling the applicant to transfer the moveable and immoveable property in the name of the respondent, forced her to sign some blank papers for the use of transfer of the properties. Due to the cruel behaviour of the respondent and his family members, she got stomach pain. She was given medicine by the mother of the respondent. Thereafter, the condition of the applicant become deteriorated. She was admitted in New Ruby Hospital, Jalandhar. On enquiry, it was revealed that she was given some poisonous substance. She was taken to Ambala. Number of efforts made for rehabilitating the applicant failed. Both the parties decided to obtain a decree of divorce by way of mutual consent, however, as the applicant withdrew her consent, the petition for divorce was rendered infructuous. Now the respondent has filed petition under Section 9 of the Act which is pending in the court of learned Additional Civil Judge (Senior Division), Jalandhar. The submission is that it is difficult for the applicant to attend the hearings of the petition filed by the respondent-husband at Jalandhar, who is living at the mercy of her parents with no source of income. No one is there in the family to accompany her to attend hearings of the case at Jalandhar. It is the convenience of the wife which is to be seen. Considering the aforesaid facts, the petition filed by the husband at Jalandhar be transferred to the Court of competent Jurisdiction at Ambala.

(3.) THE issue regarding transfer of matrimonial proceedings almost in similar circumstances came up for consideration before this Court as well in a number of cases earlier. It has been the consistent view that primarily the convenience of the wife is to be given weightage for ordering transfer of proceedings at or near the place where she is residing.